Law Society-v-Paul Anthony Gallagher
Interlocutor
Edinburgh 8 December 2017. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland dated 2 November 2016 against Paul Anthony Gallagher, formerly of Raeside Chisholm Solicitors Limited, Tontine House, 8 Gordon Street, Glasgow and now of Appleby, 33-37 Athol Street, Douglas, Isle of Man; Find the Respondent guilty of professional misconduct in respect that he acted in breach of the Law Society of Scotland Practice Rules 2011 namely (a) Rule B1.1.2 to the extent that his personal integrity was called into question and Rule B1.1.14 to the extent that he acted with other regulated persons in a manner which was not consistent with persons having mutual trust and confidence in each other and he misled other regulated persons; Censure the Respondent; Find the Respondent liable in the expenses of the Complainers and of the Tribunal including expenses of the Clerk, chargeable on a time and line basis as the same may be taxed by the Auditor of the Court of Session on an agent and client, client paying basis in terms of Chapter Three of the last published Law Society’s Table of Fees for general business with a unit rate of £14.00; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent but need not name any other person; and allow the Secondary Complainers 28 days from the date of intimation of these findings to lodge a written claim for compensation with the office of the Tribunal.
Alan McDonald
Vice Chairman
Compensation Interlocutor:
Edinburgh 14 June 2018. The Tribunal having considered the Complaint at the instance of the Council of the Law Society of Scotland against Paul Anthony Gallagher, Solicitor, formerly of Raeside Chisholm Solicitors Limited, Tontine House, 8 Gordon Street, Glasgow and Curle Stewart Limited, 2nd Floor, 16 Gordon Street, Glasgow, and now of Appleby, 33-37 Athol Street, Douglas, Isle of Man and having previously determined that the Respondent was guilty of professional misconduct, Find that the Secondary Complainer, Mr A, has been directly affected by the Respondent's misconduct and considered that it is appropriate to award compensation to the Secondary Complainer: Ordain the Respondent in terms of Section 53(2)(bb) of the Solicitors (Scotland) Act 1980 to pay to the Secondary Complainer the sum of £5,000 by way of compensation in respect of loss, inconvenience and distress resulting from the misconduct within 28 days of the date on which this Interlocutor becomes final with interest at the rate of 8% per annum from the due date until paid; Find the Respondent liable in the expenses of the Tribunal including expenses of the Clerk, chargeable on a time and line basis as the same may be taxed by the Auditor of the Court of Session on an agent and client, client paying basis in terms of Chapter Three of the last published Law Society’s Table of Fees for general business with a unit rate of £14.00; and Direct that publicity will be given to this decision and that this publicity should include the name of the Respondent but need not identify any other person.
Alan McDonald
Vice Chairman